HomeMy WebLinkAboutCDC/2001-39
(See Companion Resolution 2001-317)
RESOLUTION NO. CDC/2001-39
2 A RESOLUTION OFTHE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, AS THE GOVERNING BODY OF THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,
MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO
4 HEAL TH AND SAFETY CODE SECTION 33433, MAKING OTHER FINDINGS
AND DETERMINATIONS IN ACCORDANCE WITH THE CALIFORNIA
5 ENVIRONMENTAL QUALITY ACT AND APPROVING THAT CERTAIN
OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE
6 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND IN-
N-OUT BURGERS ON THE TERMS SET FORTH IN SUCH AGREEMENT
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WHEREAS, the City of San Bernardino (the "City"), the Redevelopment Agency ofthe City of
San Bernardino (the "Agency") and the Inland Valley Development Agency, ajoint powers authority
established under Section 33492.4 et seq. ofthe California Health and Safety Code (the "IVDA") have
entered into that certain Redevelopment Cooperation Agreement, dated as ofJuly 12, 1999, pursuant
to which the IVDA has granted the Agency the right, power and authority to act for and on behalf of the
IVDA for the purposes of exercising the redevelopment powers of the IVDA; and
WHEREAS, an area ofthe City generally situated along the west side of Tippecanoe Avenue to
the north of the right-of-way of the Interstate 10 Freeway referred to as the "HUB Project Site" is
included within the Inland Valley Redevelopment Project Area (the "Project Area"); and
WHEREAS, the Agency has formerly initiated certain studies and proposals to address a number
of issues of community concern on the HUB Project Site relating to blight and conditions associated
with obsolete commercial design, deferred maintenance, traffic circulation and conflicting commercial-
residential neighborhood property use and community design in an effort to eliminate and prevent the
spread of blight from the HUB Project Site; and
WHEREAS, in connection with redevelopment of the HUB Project Site, SBT Partners, LLC, a
California limited liability company, (the "HUB Developer") submitted a proposal that was the subject
of study and evaluation by the City and the Agency; and
WHEREAS, the City prepared and certified a Final Environmental Impact Report for the HUB
Project (State Clearinghouse No. 2000081074) (the "Final EIR") in connection with the consideration
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and approval of a Disposition and Development Agreement dated as of May 21, 2001 (the "HUB
Disposition and Development Agreement") by and between the Agency and the HUB Developer; and
WHEREAS, following ajoint public hearing conducted by the Mayor and Common Council and
the Community Development Commission of the City of San Bernardino (the "Commission"), as the
governing board of the Agency, on May 21,2001, the HUB Disposition and Development Agreement
was approved; and
WHEREAS, the Agency shall acquire the fee or beneficial interest in certain real property located
within the HUB Project Site as set forth under the HUB Disposition and Development Agreement and
the proposed Owner Participation Agreement by and between In-N-Out and the Agency (the
"Agreement"); and
WHEREAS, In-N-Out Burgers, a California corporation ("In-N-Out") owns fee title to certain
real property located at 1944 South Tippecanoe Avenue in the City of San Bernardino (the "Existing In-
N-Out Site"), on which In-N-Out currently operates a drive-thru restaurant; and
WHEREAS, the Agency desires to acquire certain lands which are adjacent or contiguous with
the Existing In-N-Out Site from third parties for the improvement of certain public street facilities and
for disposition and redevelopment of a portion thereof (the "Property") to In-N-Out as more fully set
forth in the Agreement and the Agency also desires to purchase a portion of the Existing In-N-Out Site
from In-N-Out and to transfer said portion to the HUB Developer; and
WHEREAS, In-N-Out desires to purchase the Property from the Agency in order to construct
a new restaurant on the Property and the remaining portion of the Existing In-N-Out Site as set forth in
the Agreement; and
WHEREAS, the Agency desires to acquire the Property for community redevelopment purposes
and thereafter to transfer the Property to In-N-Out as set forth in the Agreement; and
WHEREAS, Agency Staff has prepared a report which summarizes the key terms of the
Agreement and describes the manner in which the proposed disposition of the Property to the In-N-Out
SB2001 :24734.2
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1 (following its acquisition by the Agency as set forth in the Agreement) will assist in the elimination of
2 blight in the City (the "33433 Report") in accordance with Health and Safety Code Section 33433; and
3 WHEREAS, it is appropriate for the Commission to take action with respect to the disposition
4 of the Property to In-N-Out and approve the Agreement as set forth in this Resolution.
5 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON
6 BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES
7 HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
8 Section 1. On September 4,2001, as continued to September 17, 2001, the Commission
9 conducted a full and fair joint public hearing with the Mayor and Common Council of the City of San
10 Bernardino relating to the disposition of the Property by the Agency to the In-N-Out pursuant to the
11 terms and conditions of the Agreement. The minutes ofthe Agency Secretary for the September 4,2001,
12 as continued to September 17,2001, meetings of the Commission shall include a record of all
13 communication and testimony submitted to the Commission by interested persons relating to the joint
14 public hearing, the 33433 Report and the approval of the Agreement.
15 Section 2. A copy of the Agreement in the form submitted at the joint public hearing is on
16 file with the Agency Secretary. The Commission hereby finds and determines as follows:
17 (i) the acquisition and disposition ofthe Property by the Agency to In-N-Out in accordance
18 with the Agreement is consistent with the Inland Valley Development Agency Redevelopment Plan for
19 the Project Area and the Inland Valley Development Agency Implementation Plan; and
20 (ii) the terms and conditions ofthe Agreement contain assurances that the Property will be
21 redeveloped by In-N-Out as contemplated under the Redevelopment Plan for the Project Area;
22 (iii) the purchase price for the Property payable by In-N-Out to the Agency, subject to the
23 satisfaction of the terms and conditions of the Agreement, is an amount which the Commission
24 determines to be fair, just and reasonable, and the disposition of the Property on the terms set forth in
25 the Agreement shall materially benefit and sustain the implementation of the Redevelopment Plan for
26 the Project Area and assist the community to alleviate blighting conditions; and
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1 (iv) the consideration payable by In-N-Out to the Agency for the disposition ofthe Property
2 ($139,060.00, in cash, determined by multiplying the square footage of the Property by $5.00 per gross
3 square foot) is not less than the fair market value ofthe Property at its highest and best use in accordance
4 with the Redevelopment Plan.
5 Section 3. The Commission hereby determines that the Final EIR and Facts, Findings and
6 Statement of Overriding Considerations Regarding the Environmental Effects from the Environmental
7 Impact Report for the HUB Proj ect, certified and adopted, respectively, by the City, prior to the approval
8 ofthe HUB Disposition and Development Agreement are applicable to the consideration of and approval
9 by the Commission of the Agreement. The Commission further finds and determines that there are no
10 other significant environmental effects or any differences in the severity of environmental effects
11 associated with the implementation of the Agreement from those assessed in the Final EIR that would
12 require additional environmental review under Public Resources Code Section 21166 or Title 14
13 California Code of Regulations Sections 15162 or 15163.
14 The Commission hereby authorizes and directs the Agency Secretary to file a Notice of
15 Determination with respect to the Commission's approval ofthe Agreement, in accordance with Public
16 Resources Code Section 21152 and Title 14 California Code of Regulations Sections 15096(i) and
17 15094, consistent with the approvals, findings and determinations set forth in this Resolution.
18 Section 4. The Commission hereby approves, receives and files the 33433 Report and the
19 Agreement in the forms as submitted at the joint public hearing.
20 Section 5. The Commission hereby approves the disposition ofthe Property to In-N-Out on
21 the terms set forth in the Agreement. The Chair of Commission and the Executive Director are hereby
22 authorized and directed to execute the Agreement on behalf ofthe Agency together with such technical
23 and conforming changes as may be recommended by the Executive Director and approved by the Chair
24 of the Commission. The signatures of the Chair of the Commission and the Executive Director on the
25 Agreement shall be conclusive evidence that the Agreement has taken effect. In the event that the
26 Agreement may not be fully executed by the parties for any reason within thirty (30) days following the
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1 date of adoption of this Resolution, the authorization granted to the Chair of the Commission and the
2 Executive Director to execute the Agreement on behalf of the Agency shall be of no further force and
3 effect.
4 Section 6. Provided that the Agreement has been fully executed by the parties within the
5 period of time set forth in Section 5 of this Resolution, the Executive Director of the Agency is hereby
6 authorized and directed to take all actions set forth in the Agreement on behalf of the Agency to close
7 the escrow transactions relating to the disposition ofthe Property to In-N-Out and the acquisition ofthe
8 applicable portion of the Existing In-N-Out Site by the Agency from In-N-Out as provided in the
9 Agreement.
10 Section 7. This Resolution shall become effective immediately upon its adoption.
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1
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
2 OF SAN BERNARDINO, AS THE GOVERNING BODY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO, MAKING CERTAIN FINDINGS AND
3 DETERMINATIONS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433,
MAKING OTHER FINDINGS AND DETERMINATIONS IN ACCORDANCE WITH THE
4 CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING THAT CERTAIN
OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT
5 AGENCY OF THE CITY OF SAN BERNARDINO AND IN-N-OUT BURGERS ON THE
TERMS SET FORTH IN SUCH AGREEMENT
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8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
9 Development Commission of the City of San Bernardino at a j oint reg .meeting thereof, held on the
10 1st day of October, 2001, by the following vote, to wit:
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12 Commission
ESTRADA
13 LIEN
MCGINNIS
14 SCHNETZ
SUAREZ
15 ANDERSON
Me CAMMACK
AYES
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NAYS
ABSTAIN
ABSENT
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The foregoing Resolution is hereby approved this 3c.d- day of Oc t. , 2001.
/-
( ,
.. .. [L.(,-eL_.
a e'S', Chairperson
C nity Development Commission
o the City of San Bernardino
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